On E-business Method Patent

With the development of technology on computer network and telecommunications, which is characterized by internet, the society is influenced extensively and profoundly by it. The application of technology on computer network and telecommunications to commercial field facilitates the emergence of E-commerce, which is a significant evolution.Under the traditional patent requirements, business method used to be excluded from the patentable subject all over the world. However, the main developed countries, such as the United States, Japan, and Europe, have already revised their patent laws to include E-commerce business method into the scope of patent system since the end of last century. Why is the traditional business method excluded from the scope of the patent objects, while E-commerce business method may be protected by patent law? The reply to this question leads to the subject of this thesis. Thus, with the center of patent protection of E-commerce business method, the thesis mainly includes three parts.The first part analyzes the choice for patent protection of the e-commerce business method. First, the patent system is designed to stimulate innovation and promote technology diffusion and whether to grant the patent or not, depending on the comparison of social benefits and social costs. Second, patent protection is an inevitable choice to E-commerce business method,compared to the copyright and trade secret protection model, Third, today ,the national intellectual property strategies are increasingly reflected the will of national interest. The patent protection of E-commerce business method is not only a matter involving a huge commercial value, but also involving the establishment of China's own technology standards .The second part analyzes the requirements of patent protection to e-commerce business method. Before an invention becomes the object of patent, it must be satisfied with two levels of patent requirements. The first one is that it must conform to the prerequisite requirements of patent, that is, it must belong to the patentable subjects. The second one is that it must conform to the substantial requirements of patent, that is, it must accord with the requirements of utility, novelty and non-obviousness. The thesis will apply a method of comparison from the history in this part.The third part is about the system construction and improvement. On the basis of analysis ahead, considering foreign experience combined with our reality, some sound suggestions are made.